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Visa for wife and H1 stamping post H1 transfer

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  • Visa for wife and H1 stamping post H1 transfer

    Hello Friends,

    5 minutes of your time would be a great help. Some details about me before I ask my questions -

    Working in US on H1-B with employer A since: Aug 2014
    Petition by A approved until: 31 Dec 2015
    Job Change: Sep 2015
    New Petition by B approved until: Aug 2018
    Marriage: 14 Dec 2015 (in India)
    Desired Visa interview: Between 20 Dec to 25 Dec
    Planned return: End of Dec 2015

    As you have already seen few details pertaining to my questions, after marriage I am planning to bring my wife along with me. Few questions I have are -

    1. By doing some research so far I came to know that I would have to go for my Visa stamping (for the new petition from B) since my original petition from A is getting expired. Please confirm if this is correct.
    2. As said I am thinking of getting an interview date between 20 Dec to 25 Dec so that I have my marriage certificate ready by that time.What is the best time to fill the DS-160 and schedule appointment for Visa interview? Can I fill the DS-160 right away and schedule appointment for me and my wife? I heard there is 30 days validity for DS-160, but I am not sure if the validity is from submitting the form, scheduling the interview TO actual interview date? Please guide me on this.
    3. Can I also apply visa for my mother along with our visas? Will there be any problem or chances of rejection?
    4. I have also heard that if the spouse arrives in US before 31st Dec of the year, you can claim tax refunds by filing as married man. Is this true? Are there any issues/problems I should be aware of?

    Any help is highly appreciated. Thanks much!!
    Last edited by sourabh.jain; 11-06-2015, 12:47 PM.

  • #2
    1. By doing some research so far I came to know that I would have to go for my Visa stamping (for the new petition from B) since my original petition from A is getting expired. Please confirm if this is correct.
    >>> You need a valid H1B visa stamped in your passport to return back in H1B status. If your visa in the passport is expiring, then you will need to get the vsia stamped again using your H1B petition from the new employer.

    2. As said I am thinking of getting an interview date between 20 Dec to 25 Dec so that I have my marriage certificate ready by that time.What is the best time to fill the DS-160 and schedule appointment for Visa interview? Can I fill the DS-160 right away and schedule appointment for me and my wife? I heard there is 30 days validity for DS-160, but I am not sure if the validity is from submitting the form, scheduling the interview TO actual interview date? Please guide me on this.
    >>> DS160 will expire in 30 days unless you schedule the interview.

    3. Can I also apply visa for my mother along with our visas? Will there be any problem or chances of rejection?
    >>> You need to apply for B1/B2 visa separately for your mother. H1B and H4 can be combined together into a single interview slot.

    4. I have also heard that if the spouse arrives in US before 31st Dec of the year, you can claim tax refunds by filing as married man. Is this true? Are there any issues/problems I should be aware of?
    >>> This is something that you should check with a tax consultant.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you so much !! Great help.

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